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2022 Supreme(Mad) 3464

M. SUNDAR
Micro Labs Limited, Represented by its General Manager – Legal, G. Ashok Kumar, Bengaluru – Appellant
Versus
A. Santhosh Proprietor, M/s. Life Gain Pharma, Choolaimedu, Chenani – Respondent


Advocates appeared:
For the Petitioner:Shamilee Rajkumar, Advocate.

JUDGMENT

(Prayer: This Civil Suit is preferred, under Order IV Rule 1 of the Original Side Rules 1994 read with Order VII Rule 1 of CPC and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act No.4 of 2016 to

(a) A permanent injunction restraining the defendant, its manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations infringing the trademark 'AVAS' of the plaintiff registered under No.963813 in class 5 by use of deceptively similar trademark 'AVASLIP' or any mark identical or similar to plaintiff's registered trademark 'AVAS' in any manner whatsoever;

(b) A permanent injunction restraining the defendant, its manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner ma

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